Delhi High Court acquits 4 men in gang rape case; criticises Delhi Police, trial court

The Delhi High Court on Monday set aside an order of the trial court sentencing four men to life imprisonment for alleged gang rape of a woman [Pawan Sharma & Ors v State Govt of NCT of Delhi]..A division bench of Justices Suresh Kumar Kait and Manoj Jain criticised the Delhi Police for its shoddy investigation and the trial court for “getting carried away” by the prosecutrix’s first statement which was later disowned by her during trial.“Learned Trial Court also did not give any weightage to the fact that such statement was made by her on July 29, 2018 and immediately thereafter when she was produced before the concerned learned Magistrate, she, in her statement under Section 164 CrPC, categorically claimed that she had left the home of her own and same version was reiterated by her in the witness box. In such a situation, there was virtually nothing which could have indicated that she had been kidnapped and then confined and gang-raped,” the Bench noted..On the police investigation, the Court observed that even though the prosecutrix made a call to the police from her own mobile, neither the PCR form nor the Call Detail Records (CDR) were placed on record which was necessary to reflect her location and to strengthen the case.“As already noted, as per ‘G’, her mobile was seized by the police. It seems that no effort was made to obtain the Call Details Record and to place the same on record. Holding back such valuable piece of evidence has to be taken as a circumstance against the prosecution. We will not mince any word in commenting that Call Details Record of ‘G’ would have also reflected her location which could have even strengthened the case of prosecution but is not explicable as to why such valuable piece of evidence was not bothered to be collected. Thus, a golden opportunity went begging,” the Court said. It further recorded that even if semen was detected on the legging of victim and the DNA extracted from the same matched with the DNA profile of the accused persons, it could not have been automatically assumed that it was a case of sexual assault, particularly when the woman has not uttered even a single word in this regard.It could have been also taken as a case of consensual physical relationship, the Court stressed..The Court was dealing with an appeal filed by the four men who were convicted for the offences under Sections 376D (gang-rape), 328 (causing harm to a person by administering poison or any harmful substance with the intent to commit or facilitate an offence), 366 (kidnapping) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).As per the first information report (FIR), the woman had left her house for a local temple on foot. While on her way, a vehicle came from behind and someone caught hold of her, made her unconscious and took her to Ballabhgarh. When she regained consciousness, she found herself naked in one room with the four accused whom she recognised as natives of her village.However, in her Section 164 CrPC statement, the woman never claimed that she was kidnapped and sexually assaulted. Rather, she said that she had left home and gone to her native village as she was under stress and got the FIR registered because she was late to reach the village..The Court considered the case and noted that even the testimonies of the parents of the prosecutrix were not in sync because while the mother claimed that her daughter returned home the same day she went missing, the father has said that she was missing for a few days.“Moreover, as already noticed, case of prosecution was that complaint was lodged by ‘G’ in the presence of her mother but her mother has taken complete somersault and has denied any such thing,” the Court noted. The Court finally concluded that there was no sufficient material on record to prove the case of prosecution and acquitted the accused.“No incriminating word has been whispered by ‘G’ and her parents. Investigation is also not upto the mark as neither PCR form nor CDR of mobile of ‘G’ were placed on record. Keeping in mind the fact that ‘G’ was major at the relevant time, DNA report, which was not even put to the accused under Section 313 Cr.P.C., does not carry any value. Resultantly, we allow the appeal and acquit all the accused persons of the charges,” the Court ruled. .Senior Advocate Harshvir Pratap Sharma along with advocates Stuti Jain, Akshu Jain, Akul Krishnan and Amit Kumar appeared for the four appellants.Additional Public Prosecutor Manjeet Arya represented the State. .[Read Judgment]